Alarming & Terrifying Situation As Lacs Of Fishes Have Died: Chhattisgarh HC Takes Suo Moto Cognizance Of Alcohol Factory Polluting River
The Chhattisgarh High Court took suo moto cognizance leading to the registration of a public interest litigation based on a news article published in Dainik Bhaskar, as the Bench observed that the news report portrayed an alarming and terrifying situation as lots of fish died because of the eluents being released in the river.
The news report suggested that the pollutants which were being discharged from M/s. Bhatia Wine Merchants Pvt. Ltd. (Company) situated in a village was causing a menace to the environment and its surroundings. The report also stated that the entire population of about 20,000 people was being affected by the industrial activities of the Company.
A Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal observed, “The aforesaid news report portrays a very alarming and terrifying situation as lacs of ishes have died because of the eluents being released in the culvert adjacent to the factory which further merges with Shivnath river making the river polluted.”
AG Prafull N. Bharat and Dy AG Shashank Thakur appeared for the State, while Sr. Advocate Abhishek Sinha represented the Company.
The news report claimed that paddy of more than 350 acres had been affected because of the poisonous eluents released from the Company into the river. “Foul smell from those eluents have made the life of the people of the surroundings miserable which is causing diiculty in breathing, itching, burning sensation in the eyes, especially to the children and old aged persons. The police has also taken sample of water from the spot,” the report stated.
The Court was informed that the State Environment Conservation Board (ECB), had been directed to conduct an inquiry into the death of fish due to the factory's untreated effluents. A show cause notice was issued to the Company, and further reminders were sent, but no response had been received.
The State ECB submitted that a letter had been issued to the Company with respect to the discharge of industrial waste through water into a ‘Nala’ which eventually lowered into the Shivnath river. The Company “has further been warned that environmental compensation may also be imposed upon it,” the State ECB further submitted.
The Company on the other hand submitted that it was ready to get an inquiry done with respect to the allegations levelled against it in the news report.
Consequently, the Bench directed, “Office is directed to implead M/s. Bhatia Wine Merchant Pvt. Ltd. as party respondent No. 8 in this petition.” Both the ECB and the Company were directed to inform the Court regarding the action taken after the issuance of the memo by the Sub Divisional Magistrate.
Accordingly, the High Court listed the matter for further hearing on July 30, 2024.
Cause Title: In Re Suo Moto PIL Published In Dainik Bhaskar
Appearance:
Respondents: AG Prafull N. Bharat; Dy AG Shashank Thakur; Sr. Advocate Abhishek Sinha; Advocates Amrito Das and Aditya Pandey
